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50 State Survey: Probation and Parole Fees

Millions of adults—approximately 1 in every 75 people—are under probation or parole supervision in the U.S. In most states, people on probation or parole are required to pay supervision fees that can range from hundreds to thousands of dollars. People also must often pay additional programming fees for mandatory mental health counseling, electronic monitoring, and drug testing. When people can’t afford probation and parole fees, they are often re-incarcerated and the length of supervision can be extended.

This report, co-published by the Fines and Fees Justice Center and REFORM Alliance, presents a state-by-state look at scope of probation and parole supervision fees, programming fees and the consequences for the failure-to-pay. The first two appendices included within this report outline the statutory and regulatory provisions granting a court or an agency authority to impose these fees. Where possible, supplemental information on how these provisions operate in practice obtained from interviews with probation and parole staff in some states, is included. The final appendix outlines how failure to pay fees associated with supervision or programming can affect a person’s probation or parole. Based on statutes alone, the report categorizes the authorized potential consequences individuals may face for failure to pay these fees.

Want to know where your state stands on probation and parole fees? View the full report to get specific information on each state and its statutes.

Key Findings

  • Probation:
    • 47 states have laws allowing probation supervision fees.
      • 38 states charge a monthly supervision fee, seven states charge a single flat fee, and two states allow local  jurisdictions to determine the amounts and payment schedules.
    • Only three states do not authorize probation supervision fees.
      • California and Oregon passed laws removing supervision fees, while Alaska’s laws are silent on the issue.
    • Whether or not authorized by state statutes, probation programming fees — for mandatory conditions of probation such as drug testing, mental health treatment, classes, community service participation, or electronic monitoring — are imposed in every state.
    • Most states allow for sanctions against people on probation who fail to pay court-imposed costs.
      • 32 states allow for probation revocation and/or extension if fees aren’t paid.
      • Only eight states explicitly do not allow probation revocation and/or extension if fees aren’t paid.
      • 6 states have statutes that are unclear, while four states have statutes authorizing non-criminal responses to unpaid probation fees.

    Parole:

    • 37 states have laws allowing parole supervision fees.
      • 33 states charge a monthly supervision fee, while four states charge a flat fee.
    • Only 10 states do not authorize parole supervision fees.
      • California and Oregon passed laws removing supervision fees.
      • Alaska, Connecticut, Georgia, Hawaii and Maine laws are silent on the issue.
      • Only New Jersey expressly provides that parole supervision shall be paid by the state.
      • Delaware and Wyoming allow supervision fees on those placed on a heightened form of parole supervision, but not for general parole supervision.
    • Like those on probation, people on parole also face a wide range of programming fees as a condition of parole.
    • 30 states allow for parole revocation and/or extension if fees aren’t paid.
      • Only nine states explicitly do not allow parole revocation and/or extension if fees aren’t paid.
      • 7 states have statutes that are unclear, while four states have statutes authorizing non-criminal responses to unpaid parole fees.

Download the full report here.

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